Gibbs & Fuerst, LLP

Southern California Personal Injury & Business Lawyers

951.813.2614 Murrieta
619.618.2979 San Diego

FMCSA rule is delayed

Prospective commercial truck drivers in California should be aware that the Federal Motor Carrier Safety Administration issue a notice on Feb. 1, 2017, that delayed the effective date of a new rule that establishes national standards for truck driver training. The delay is due to a Jan. 20, 2017, memo that was issued by the new presidential administration.

The Minimum Training Requirements for Entry-Level Commercial Vehicle Operators rule was to become effective on Feb. 6, 2017, after it was published in the Federal Register on Dec. 8, 2016. The effective date has been postponed to March 21, 2017, in order to be in compliance with a presidential order for federal agencies to suspend new rules and to delay published rules that have yet to become effective.

The rules are prevented from being implemented until 60 days after the issuance of the Jan. 20, 2017 memorandum. In its notice, the FMCSA stated that its new rue could be delayed even further, pending a review by the Trump administration. The rule, which is applicable only to truckers who receive their commercial driving licenses on or after Feb.7, 2020, has a three-year implementation window.

The entry-level driving training rule established a curriculum for individuals who want a CDL. The rule also requires that individuals undergo behind-the-wheel training, although it does not specify a minimum training time. The agency initially included a 30-hour behind-the-wheel training period requirement in the rule, but the provision was not included in the final version.

Accidents involving commercial trucks may result in catastrophic injuries to occupants of smaller vehicles. If it can be determined that the accident was caused by a truck driver who was improperly trained or who was negligent in some manner, an attorney could assist a victim in seeking appropriate compensation.

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